LORD BROUGHAM, in presenting a Bill to amend certain of the provisions of an Act made in the 8th and 9th year of Her present Majesty, intituled "An Act to facilitate the Conveyance of Real Property," said, its object was to simplify some of the proceedings, especially with reference to the taxing of costs. He thought that it was necessary that the learning and skill of the persons engaged in drawing the necessary deeds should be taken into consideration rather than that the taxing master should be guided entirely by the length of the documents. It was a subject upon which he had bestowed much time and attention, and he had no doubt that the change which he proposed would be effective. He believed that the taxing masters who originally had an objection to the measure had entirely changed 781 their opinions, and now looked upon it with great favour.
LORD CAMPBELLsaid, if the Bill of the noble and learned Lord tended to shorten the numerous documents connected with the conveyance of real property, it would confer one of the greatest benefits that had ever been conferred upon the public, for it was mainly from the length of its proceedings that so much reproach had been cast upon the administration of the law. Still, he thought the difficulty of the subject was very great, for it would be impossible to lay down any certain criterion as to the skill and learning of the parties engaged in drawing deeds with a view to fixing a scale of remuneration. He thought if there were a high officer vested with sound discretion, who was to determine questions of this nature, it would be an unspeakable advantage.
LORD BROUGHAMquite agreed with his noble and learned Friend that the subject was a difficult one, and that the attempt to establish any fixed criterion would be liable to great objection; he was aware that the matter must be left more or less in the discretion of the taxing officer; but what he wanted was that that officer's attention should be called to the skill and learning of the drawer of the deeds, as well as to the length of the documents themselves, with respect to apportioning the remuneration.
THE LORD CHANCELLORsaid, he should offer no opposition to the Bill of the noble and learned Lord being laid upon the table, but he must express some doubt as to whether it would effect the object intended. He had been in communication with the taxing masters on the subject more than once, with the view of devising some satisfactory mode of proceeding. The great difficulty would be to determine the relative amount of the skill and ability displayed in each particular instance, and it would be a very delicate matter to express any judgment upon such a question.
§ Bill read la.